PEOPLE OF MI V ALBERT LYNN ROBB
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 22, 2001
Plaintiff-Appellee,
v
No. 220757
Lenawee Circuit Court
LC No. 98-008093-FH
ALBERT LYNN ROBB,
Defendant-Appellant.
Before: McDonald, P. J., and Smolenski and K. F. Kelly, JJ.
MEMORANDUM.
Defendant appeals as of right his jury convictions for felonious assault, MCL 750.82;
MSA 28.277, malicious destruction of property, MCL 750.377a; MSA 28.609(1), and felonyfirearm, MCL 750.227b; MSA 28.424(2). We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
Defendant challenges the proportionality of his sentences of thirty-two to forty-eight
months’ imprisonment for the felonious assault charge, and thirty to forty-eight months’
imprisonment for the malicious destruction of property charge. The sentences were at the top of
the guidelines range for each offense.
A sentence must be proportional to the seriousness of the circumstances surrounding the
offense and the offender. People v Milbourn, 435 Mich 630, 636; 461 NW2d 1 (1990). A
sentence within the guidelines range is presumptively proportionate. People v Rivera, 216 Mich
App 648, 652; 550 NW2d 593 (1996). Defendant bears the burden of presenting evidence of
unusual circumstances that would render a presumptively proportionate sentence
disproportionate. Id.; People v Sharp, 192 Mich App 501, 505; 481 NW2d 773 (1992).
Defendant failed to present evidence to establish any unusual circumstances. Defendant’s
lack of a prior adult felony conviction was considered in the guidelines calculation. His
employment history is not an unusual circumstance. People v Daniel, 207 Mich App 47, 54; 523
NW2d 830 (1994). Defendant failed to establish any meaningful cooperation with authorities
that would be considered unusual. Given the lack of evidence of unusual circumstances, the trial
-1-
court did not abuse its discretion in sentencing defendant within the guidelines range. Rivera,
supra.
Affirmed.
/s/ Gary R. McDonald
/s/ Michael R. Smolenski
/s/ Kirsten Frank Kelly
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
